This is the November 2017 Illinois criminal case law audio round-up (the fast case law summary). Episode 422 (Duration 31:30)
The November 2017 Top Illinois Criminal Law Cases (The Monthly Round-Up)
Here’s a quick snapshot of the top cases:
Defendant is taken to the hospital kicking and screaming literally against his will and his blood is drawn.
Cook County Public Defender wants to control who they get appointed to represent.
Is is sufficient for a couple officers to testify they are familiar with the neighborhood and that the building is a school?
Defendant plead guilty because he was told his sentence was a 50% case when in fact it was an 85% case.
No relief from new juvenile statutes is warranted when the defendants cases were pending on appeal at the time that the changes went into effect.
New law does not prevent prison time for minor on misdemeanor probation.
Second degree murder is not a lesser included offense of first degree murder; it is a lesser mitigated offense of first degree murder.
Just a small part of the Illinois stalking statute was declared unconstitutional.
Can police ask for blood after you pass the breathalyzer?
During an in camera inspection on the surveillance privilege the trial judge must not allow the state attorney to participate, must elicit the exact location from the officer, and conclude with giving the defense a chance to rebut.
11. People v. Palmer
This officer was hiding on his knees in some bushes and he thought his exact location needed to stay secret.
Day care worker wins her postconviction petition after a Brady violation and after a federal habeas corpus petition ordered her release.
13. People v. Gawlak
In his postconviction petition defendant hired an attorney to argue for more DNA testing, trial judge refused the limited representation.
Defendant held in direct civil contempt after she refused to unlock her phone.
15. People v. Wood
Defendant thought his rant against the judge to the Public Defender was being made in confidence…not.
16. In re T.J.D.
Petitioner has to prove he poses “no risk” to reoffend even though evaluators never go beyond a “low risk” assessment.
17. People v. Smith
This bloody and gruesome murder trial is going back for a do-over after the state necessarily injects emotion and prejudice.
18. People v. Escort
Defendant is one of 2 different male DNA profiles lifted off the dead prostituted who was strangled.
The judge brought the jury into the courtroom to let them see a video with neither the judge, the ASA, nor the defense attorney being there.
20. People v. Beck
Defendant crosses the centerline and collides head on with another car resulting in serious brain damage to the other driver, this 54 page opinion results.